Sidebilder
PDF
ePub

Notice of defects.

Operation to cease, when.

Hydrostat i c

test.

Board boiler rules.

Clerk.

Expenses.

Rules.

Governor approve.

of

to

Enforcement.

[ocr errors]

SEC. 21. The owner or user of any boiler herein required to be inspected shall immediately notify the boiler inspection department, if the boiler is being operated under the inspection of that department, or the insurance company, if it is being operated under its inspection, in case a defect affecting the safety of the boiler is discovered.

SEC. 22. If the insurance on any boiler herein required to be inspected expires, or is canceled because the insurers deem it unsafe to continue the operation of the boiler, the owner or user shall cease to operate it until it has been put in a safe condition, satisfactory to the insurers, or has been inspected by the boiler inspection department and a certificate of inspection has been issued.

SEC. 23. If, in the judgment of the inspector or of the insurance company, it is advisable to apply a hydrostatic pressure test to a boiler, the owner or user shall prepare the boiler for such test, as directed by the inspector or by the insurance company.

SEC. 24. The governor, within thirty days after the passage of this act, with the consent of the council, shall appoint a board of five persons, to be known as the board of boiler rules, of whom the last four shall be appointed to serve as follows: Two for a term of two years each and two for a term of three years each. At the expiration of their terms of office their successors shall be appointed for terms of three years each. The members of the board, other than the chairman hereinafter designated, shall receive for their services the first year in office the sum of five hundred dollars each. Thereafter they shall receive as compensation for their services and reimbursement for their expenses such amount as the governor and council shall order, not exceeding in the aggregate in any one year the sum of one thousand dollars. The board shall be constituted as follows: The chief inspector of the boiler inspection department of the district police, who shall be its chairman; one member representing the boiler using interests; one member representing the boiler manufacturing interests; one member representing the boiler insurance interests; and one member who is an operating engineer.

SEC. 25. The chief inspector of boilers of the boiler inspection department of the district police shall appoint a clerk, who shall be a stenographer, and who shall also act as secretary of the board of boiler rules, and whose salary shall be twelve hundred dollars a year. The necessary expenses of the board, including those of the secretary of the board, incurred in the discharge of their duty during the first year, shall be paid out of the treasury of the Commonwealth, but shall not exceed the sum of fifteen hundred dollars for that year. The attorney-general of the Commonwealth shall furnish all needed assistance to the board in the framing of the rules hereinafter provided for.

SEC. 26. It shall be the duty of the board of boiler rules to formulate rules for the construction, installation and inspection of steam boilers, and for ascertaining the safe working pressure to be carried on said boilers, to prescribe tests, if they deem it necessary, to ascertain the qualities of materials used in the construction of boilers; to formulate rules regulating the construction and sizes of safety valves for boilers of different sizes and pressures, the construction, use and location of fusible safety plugs, appliances for indicating the pressure of steam and the level of water in the boiler, and such other appliances as the board may deem necessary to safety in operating steam boilers; and to make a standard form of certificate of inspection.

SEC. 27. The rules so formulated shall be submitted to the governor for his approval, and when approved shall have the force of law, and shall be printed and furnished to those requesting them by the boiler inspection department.

SEC. 28. The boiler inspection department of the district police shall enforce the provisions of the preceding sections, and such rules as shall be promulgated by the board of boiler rules with the approval of the governor. Whoever violates any provision of this act or of the said rules shall be punished by a fine of not less than

twenty nor more than five hundred dollars or by imprisonment for not more than six months, or by both such fine and imprisonment. A trial justice shall have jurisdiction of complaints for violation of the provisions of this act, and in such cases may impose a fine of not more than fifty dollars. All members of the boiler inspection department of the district police shall have authority in the pursuance of their duty to enter any premises on which a boiler is situated, and any person who hinders or prevents or attempts to prevent any member of the boiler inspection department from so entering shall be liable to the penalty specified in this section. CHAPTER 537.-Inspection of factories and workshops-Inspectors of health.

SECTION 1. The State board of health shall, as soon as may be after the passage of this act, divide the Commonwealth into not more than fifteen districts, to be known as health districts, in such manner as it may deem necessary or proper for carrying out the purposes of this act.

SEC. 2. After the division aforesaid has been made, the governor, with the advice and consent of the council, shall appoint in each health district one practical and discreet person, learned in the science of medicine and hygiene, to be State inspector of health in that district. Every nomination for such office shall be made at least seven days prior to the appointment. The said State inspectors of health shall hold their offices for a period of five years from the time of their respective appointments, but shall be liable to removal from office by the governor and council at any time.

shall inform

SEC. 3. Every State inspector of health himself concerning the health of all minors employed in factories within his district, and, whenever he may deem it advisable or necessary, he shall call the ill health or physical unfitness of any minor to the attention of his or her parents or employers and of the State board of health.

Districts.

Inspectors.

Duties.

Enforcement inspection

ries.

SEC. 5. The State inspectors of health shall, under the direction of the State board of health and in place of the inspection depart- of ment of the district police, enforce the provisions of section forty- laws in factoone of chapter one hundred and four of the Revised Laws so far as said section provides that factories shall be well ventilated and kept clean, sections forty-one, forty-four and forty-seven to sixtyone, inclusive, of chapter one hundred and six of the Revised Laws, chapter three hundred and twenty-two of the Acts of the year nineteen hundred and two, chapter four hundred and seventy-five of the Acts of the year nineteen hundred and three, chapter two hundred and thirty-eight of the Acts of the year nineteen hundred and five, and chapter two hundred and fifty of the Acts of the year nineteen hundred and six; and the powers and duties heretofore conferred and imposed upon the members of said inspection department of the district police by section eight of chapter one hundred and eight of the Revised Laws in respect to the foregoing sections and acts, and in respect to all acts in amendment thereof or in addition thereto, and in respect to any other laws, are hereby conferred and imposed upon said State inspectors of health or such other officers as the State board of health may from time to time appoint: Provided, however, That neither said board of health nor any inspector thereof shall have authority to require structural alterations to be made in buildings, but shall report the necessity therefor to the inspection department of the district police. Wherever in said provisions of law the words "inspector" or "inspectors of factories and public buildings," "inspection department of the district police," "inspector" or "inspectors of the district police," "district police," "factory inspector" or "inspectors," and member" or "members of the district police" occur, they shall be taken to mean State inspector or inspectors of health. Wherever the words "chief of the district police" occur, they shall be taken to mean the State board of health.

[ocr errors]

Salaries.

Same.

Experts.

Two allowed.

hours

SEC. 6. The governor, with the advice and consent of the council, shall establish the salaries of said State inspectors of health, having regard in each district to the extent of territory, the number of inhabitants, the character of the business there carried on, and the amount of time likely to be required for the proper discharge of the duties. The salaries thus established shall be paid from the treasury of the Commonwealth monthly.

SEC. 7. There may be expended out of the treasury of the Commonwealth annually, for the purposes specified in this act, for salaries, a sum not exceeding twenty-five thousand dollars, and for other expenses, a sum not exceeding five thousand dollars.

SEC. 8. For the purpose of carrying out the provisions of this act the State board of health may employ from time to time experts in sanitation.

CHAPTER 560.-Time to vote to be allowed employces.

SECTION 5. No person entitled to vote at an election shall, upon the day of any such election be employed in any manufacturing, Exceptions. mechanical or mercantile establishment, except such as may lawfully conduct its business on Sunday, during the period of two hours after the opening of the polls in the voting precinct or town in which he is entitled to vote, if he shall make application for leave of absence during such period.

Penalty.

Day required.

Exemptions.

Violations.

Grievances may be mitted.

SEC. 447. An owner, superintendent or overseer in any manufacturing, mechanical or mercantile establishment, except such as may lawfully conduct its business on Sunday, who employs or permits to be employed therein any person entitled to vote at a State election, during the period of two hours after the opening of the polls in the voting precinct or town in which such person is entitled to vote, if he shall make application for leave of absence during such period, shall be punished by fine of not more than one hundred dollars.

CHAPTER 577.-Weekly day of rest.

SECTION 1. Except in cases of emergency or except at the request of the employee, it shall not be lawful for any person, partnership, association or corporation to require an employee engaged in any commercial occupation, or in the work of any industrial process, or in the work of transportation or communication, to do on the Lord's Day the usual work of his occupation, unless such employee is allowed during the six days next ensuing twentyfour consecutive hours without labor.

SEC. 2. This act shall not be construed as authorizing any work on the Lord's Day not now authorized by law; nor as applying to farm or personal service, to druggists, to watchmen, to superintendents or managers, to janitors, or to persons engaged in the transportation, sale or delivery of milk, food or newspapers.

SEC. 3. Whoever violates the provisions of this act shall be punished by a fine of not more than fifty dollars for each offense.

MICHIGAN.

COMPILED LAWS-1897.

Court of mediation and arbitration.

SECTION 559. Whenever any grievance or dispute of any nature sub- shall arise between any employer and his employees, it shall be lawful to submit the same in writing to a court of arbitrators for hearing and settlement, in the manner hereinafter provided. SEC. 560. * The governor may, whenever he shall deem etc., of court. it necessary, with the advice and consent of the senate, appoint a State court of mediation and arbitration to consist of three competent persons who shall hold their terms of office respectively one, two and three years, and upon the expiration of their respec

Appointment,

* *

Powers of

tive terms the said term of office shall be uniformly for three
years.
Said court shall have a clerk or secretary who
shall be appointed by the court to serve three years, whose duty
it shall be to keep a full and faithful record of the proceedings of
the court and also all documents, and to perform such other du-
ties as the said court may prescribe. He shall have power, under
the direction of the court, to issue subpoenas, to administer oaths clerk.
in all cases before said court, to call for and examine all books,
papers and documents, of any parties to the controversy, with the
same authority to enforce their production as is possessed by the
courts of record or the judges thereof, in this State. *

*

Quorum.

SEC. 561. Any two of the arbitrators shall constitute a quorum for the transaction of business, and may hold meetings at any time or place within the State. Examinations or investigations ordered by the court may be held and taken by and before any one of their number, if so directed. But the proceedings and decisions of any single arbitrator shall not be deemed conclusive trator. until approved by the court or a majority thereof. Each arbitrator shall have power to administer oaths.

Single arbi

sion.

SEC. 562. Whenever any grievance or dispute of any nature shall Parties to submisarise between any employer and his employees, it shall be lawful make for the parties to submit the same directly to said State court, and shall jointly notify said court or its clerk, in writing of such grievance or dispute. Whenever such notification to said court Duty of court. or its clerk is given, it shall be the duty of said court to proceed, with as little delay as possible, to the locality of such grievance or dispute, and inquire into the cause or causes of grievance or dispute. The parties to the grievance or dispute shall thereupon submit to said court in writing, succinctly, clearly and in detail, their grievances and complaints, and the cause or causes thereof, and severally agree in writing to submit to the decision of said court as to matters so submitted, and a promise or agreement to continue on in business or at work, without a lockout or strike, until the decision of said court: Provided, It shall be rendered within ten days after the completion of the investigation. The court shall thereupon proceed to fully investigate and inquire into the matters in controversy, and to take testimony under oath in relation thereto.

SEC. 563. After the matter has been fully heard, the said board, or majority of its members, shall, within ten days, render a decision thereon in writing, signed by them or a majority of them, stating such details as will clearly show the nature of the decision and the points disposed of by them. The decision shall be in triplicate, one copy of which shall be filed by the clerk of the court in the clerk's office of the county where the controversy arose and one copy shall be served on each of the parties to the controversy.

The limitation of ten days is directory and not binding. An award within a reasonable time, considering the circumstances, will be valid. 87 N. W. Rep. 943.

SEC. 564. Whenever a strike or lockout shall occur, or is seriously threatened in any part of the State, and shall come to the knowledge of the court, it shall be its duty, and it is hereby directed to proceed, as soon as practicable, to the locality of such strike or lockout and put itself in communication with the parties to the controversy, and endeavor by mediation to effect an amicable settlement of such controversy; and if in its judgment it is deemed best, to inquire into the cause or causes of the controversy, and to that end the court is hereby authorized to subpœna witnesses, compel their attendance, and send for persons and papers,

*

SEC. 565. * All subpoenas shall be signed by the secretary of the court, and may be served by any person of full age authorized by the court to serve the same.

SEC. 566. Said court shall make a yearly report to the legislature, and shall include therein such statements, facts and explana

Decision.

Mediation.

Subpoenas.

Report.

Definitions.

Duty of mayor, etc.

Reports.

Exemptions

limited.

Attor ne y fee.

fee.

tions as will disclose the actual working of the court, and such suggestions as to legislation, as may seem to them conducive to harmonizing the relations of, and disputes between, employers and the wage-earning [wage-earners].

66

SEC. 568. Whenever the term " employer" or employers" is used in this act it shall be held to include "firm," "joint stock association," company or corporation," as fully as if each of the last-named terms was expressed in each place.

[ocr errors]

66

SEC. 568а (added by act No. 69, Acts of 1903). It shall be the duty of the mayor of any city, the supervisor of any township, or the president of any village to promptly furnish, or cause to be furnished to the court provided for in this act, information of the threatened or actual occurrence of any strike or lockout within his jurisdiction.

SEC. 5686 (added by act No. 69, Acts of 1903). There shall be printed biennially ten thousand copies of the report of the court, together with the act under which the court was instituted, for distribution among labor unions and the public generally.

The above act (secs. 559 to 568b) is constitutional. 83 N. W. Rep. 620.

Judgments for wages of female employees-Exemptions-Attorney's fee.

SECTION 900. No property, except as exempted by the State constitution, shall be exempt from levy or sale, under an execution, issued upon a judgment obtained before any justice of the peace, for work, labor, or services done or performed by any woman, when such amount does not exceed the sum of twenty-five dollars, exclusive of costs. * * * In addition to all other costs allowed 's by law, the plaintiff in any such suit shall recover an attorney's fee of five dollars,

Execution to

Attorney

* *

Execution on judgment for wages not to be stayed.

SECTION 901. Any judgment hereafter obtained before a justice issue without of the peace for personal services performed by the plaintiff, shall stay. not be stayed, but execution may issue thereon immediately on rendition of judgment. In entering such judgment the justice shall recite upon the docket that the same was rendered for the personal work and labor of the plaintiff; and in addition to all other costs allowed by law, the plaintiff in any such suit shall res cover an attorney's fee of five dollars, to be taxed with the other costs in the case [cause] and to be collected in the same manner as such other costs are collected: Provided, That no attorney fee shall be taxed in cases not contested unless the plaintiff shall make it appear to the satisfaction of the justice that at least twenty-four hours before the commencement of the said suit a demand of payment therefor has been made of the debtor: And provided further, That no attorney fee shall be allowed the plaintiff unless he shall obtain judgment for the whole amount demanded by him of the defendant before such suit was commenced, and in no case shall a greater attorney fee be recovered than the amount of damages recovered.

Provisos.

Garnis hee liable.

This section is unconstitutional and void so far as the provision for taxing an attorney's fee is concerned. 77 Mich. 111.

Exemption of wages from garnishment.

SECTION 991 (as amended by act No. 172, Acts of 1901). The person summoned as garnishee, from the time of the service of such summons, shall be deemed liable to the plaintiff in such suit, to the amount of the property, money and effects in his hands or possession, or under his control, or due from him to the defendant Wages of in such suit: Provided, That when the defendant is a householder householders. having a family, nothing herein contained shall be applicable to any indebtedness of such garnishee to the defendant for the per

« ForrigeFortsett »